What is comparative negligence?

Posted on November 21, 2011 by admin

In California, the law employs the notion of “comparative negligence.” That means one party or another doesn’t necessarily have to be 100% at fault. In other words, California law recognizes that sometimes, both parties might share in the blame. Then it becomes a matter of how much fault each party shares. This is not a scientific matter. We won’t know “precisely” but we often have to estimate fault. For example one person might be 60% at fault and the other would be 40% at fault. It could be 70/30 or any other combination. If the plaintiff is at fault, his/her recovery would be reduced by the amount of fault they share. For example, if a case is worth $100,000, and the plaintiff is 50% at fault, his/her settlement (or verdict if in trial) would be $50,000.

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How much is my broken ankle case worth?

Posted on November 17, 2011 by admin

Answer: If you’re calling me right after your accident, then I don’t know.

I got a call today from a client who got hurt about 3 days ago. His ankle was fractured, and he asked, “How much is an ankle worth?” Truth is, there is no open market for body parts so I couldn’t tell you how much an ankle is worth so early on in the case. We still don’t have all the facts. This is not like calling Walmart and asking, “How much for a basic toaster oven?” If a lawyer promises your case is worth a certain amount so early in the case, that lawyer is not giving you a fair or accurate evaluation of your case. My recommendation to the client was to keep visiting with his doctors and make sure his health was top priority. After he is done treating, he will be in a better position to approach valuation of his case.

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What should I bring to the first meeting with the personal injury lawyer?

Posted on October 31, 2011 by admin

Your personal injury lawyer isn’t going to magically know about your case. They don’t have dreams about which doctors you went to, which doctors you are going to see, what hurts you, who witnessed the accident, if there was a police report, what the property damage looks like, etc. In other words, your attorney is not psychic. You actually need to provide all this information to your attorney. Don’t assume all your health care providers are simply communicating with your attorney. Even if you make your health care providers know about your lawyer, many of them may not cooperate. You need to let your lawyer know about all the important information. During the first meeting with the attorney, you need to bring everything that could help. To learn more, check out this video regarding what to bring to your first consultation with your personal injury lawyer.

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Can you get a rotator cuff tear from a car accident?

Posted on October 9, 2011 by admin

While rotator cuff tears are often associated with repetitive use of the shoulder, you can have a traumatically induced rotator cuff tear. The rotator cuff is composed of muscles and tendons which can get injured when there is direct impact to the shoulder from a side impact, for example. However, another common way for the rotator cuff to become injured is when an individual braces for a rear end collision. By holding the steering wheel tightly in anticipation of an impact, they tighten the shoulder muscles and tendons, making it more likely for injury to occur. To learn more about rotator cuff injuries and car accidents, please visit my library article.

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Can a car accident cause the need for hip surgery?

Posted on October 9, 2011 by admin

In some cases, significant car accidents, especially side-impact auto accidents can cause hip injuries or aggravation of a pre-existing hip problem.  Trauma from a car accident to the hip can lead to very severe fractures. 

The treatment of these injuries can require the use of plates and rods or the revision of the hip replacement entirely with placement of a new, long femoral component to span the fracture.  The key in these kinds of injury cases is causation.  Was there is “mechanism of injury?”  The main question is whether or not the accident actually caused the hip injury.  Just because you have a hip problem doesn’t mean you get to blame a car accident.  If you had a pre-existing problem in your hip, the accident may have “aggravated” the condition but not necessarily made it worse.  Close consultation with a hip replacement surgeon is critical when it comes to hip injury and car accident personal injury cases.

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What should I do if injured in an auto accident?

Posted on October 8, 2011 by admin

If you’ve been injured in a serious car accident, it’s often easy to forget some very important steps designed to protect your interests.  In this library post, you can view my viagra and read the transcript about what to do if you’ve been involved in a serious car accident.  These simple steps can really help you and your attorney in the event you decide to make a claim against the responsible party.

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How long does it take to settle a personal injury case?

Posted on October 6, 2011 by admin

A personal injury case can take a long time to settle.  Sometimes, it’s simply because the insurance adjuster doesn’t get back to you quickly.  Sometimes, they don’t return your calls at all!   However, many factors can affect the length of your case, including the nature and extent of your damages, the case load of your adjuster, and how much you’re asking to settle the case.  If you have extensive injuries, you need to wait a long time simply to figure out what’s wrong with you and how long it will take to recover.  Will surgery be necessary?  Can you get the appropriate bills and reports from the doctors?  Are you asking for too much money?  Is liability disputed?  You may want to check out my article regarding how long it takes to settle a personal injury case for more information.

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What information will my lawyer need from me?

Posted on September 29, 2011 by admin

When meeting your attorney for the first time, make sure you provide them with the evidence they will need to help you with your case.  The information will NOT come to your attorney in a dream.  You need to give them all the information pertinent to the auto accident.  Click here to view a list of all important documents and more items you should collect and provide to your lawyer.

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What is the California Statute of Limitations on Personal Injury Cases?

Posted on September 16, 2011 by admin

Sometimes my clients ask me how much time they have before a lawsuit needs to be filed.  I explain to them that currently, California law allows them two years from the date of injury to file a lawsuit against the responsible party.  This is known as the “statute of limitations.” Most cases resolve before a lawsuit is filed.  Personally, I am a big believer in diplomacy, and I also like to save my client some money. Filing a lawsuit and engaging in litigation can be expensive and by nature, adversarial.  Sometimes, settlements can be reached prior to that time.  We may have to file a lawsuit to preserve the statute or if we find that we have exhausted other diplomatic means of settling the case.  Keep an eye on that statute!  If you miss it, you are likely out of luck.

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Do I have to give a statement to the other party’s insurance company?

Posted on August 29, 2011 by admin

No. In most cases, I advise against it.  There is very little to be gained by giving a statement to the other party’s insurance company.  This is especially true at the beginning of a case when you probably don’t have a full understanding of the extent of your injuries.  Statements are rarely used in your favor.  In most cases, they will use the statement against you.  I’m not saying it’s true for all insurance adjusters, but after working for years in the insurance industry, I have rarely seen a recorded statement be helpful to a plaintiff.

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